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The Paradigm of State Consent in the Law of Treaties

Challenges and Perspectives

Vassilis Pergantis

The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
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Chapter 4: State consent in treaty withdrawal cases

Challenges and Perspectives

Vassilis Pergantis

Extract

Chapter 4 deals with the right to withdraw from treaties and focuses on the various techniques employed in order to circumscribe this right. It first examines the preparatory work on Articles 54 and 56 of the VCLT and highlights the oscillation between allowing and restricting the right to withdraw. It then revisits the challenges to this right in two particular fields, namely disarmament and human rights treaties. The author analyses the jurisprudential practice and the discursive patterns and showcases how treaty bodies antagonize State consent and attempt to marginalize the role of State parties with regard to the evolution of treaty regimes. Keywords: withdrawal clauses; non-denunciation of human rights treaties; non-proliferation agreements; Article 56 VCLT; Ivcher Bronstein case

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